Town
of RainierReferendum No. 1 – Adopt Classification
of Noncharter Code City

Town of RainierReferendum
No. 1 – Adopt Classification of Noncharter Code City

Official Ballot Title:The
Rainier Town Council has passed Resolution 418, to adopt for
Rainier the classification of noncharter code city under Title
35A RCW, the Optional Municipal Code. Voters have filed a
sufficient referendum petition on this resolution. If Resolution
418 is approved Rainier will adopt the classification of noncharter
code city, retaining the mayor-council plan of government
under which Rainier is now organized but governed under chapter
35A.12 of the Optional Municipal Code. Should this Resolution
be:

Approved

Rejected

Statement
For:
The Town of Rainier’s population has more than doubled.Since
1990, Rainier has grown from a population of 745 to 1570 citizens.
Isn’t it time the Town Government grew also? Becoming a Code
City is a step forward as evidenced by 176 of the 279 Cities
and Towns in Washington having adopted this system of government.
Becoming a Code City grants The Town of Rainier broader powers
and fewer restrictions than any other class of city and puts
us on par with our neighboring communities.

Funding
is shrinking and internal systems are outdated.
With our overall funding continuing to decrease yearly, becoming
a Code City would enable the use of more efficient budget and
payment systems, thus modernizing financial planning and accounting
systems. There are a wider range of choices for a Code City
to use to undertake community planning and development. As a
Code City, we can establish a planning agency that could be
a department, staff, or person rather than strictly a planning
commission, currently utilized, enhancing our capabilities.

Citizens
of Rainier gain power.
Under the Code City system, citizens of the Town of Rainier
would be granted the power of initiative and referendum that
they are currently unable to utilize.

Rainier’s
elected officials gain enhanced abilities.Becoming a Code City will grant additional powers to the
Town of Rainier (Town Council), which must be consistent with
Washington state’s constitution, thus enabling us to deal more
effectively with Thurston County and Washington State Government
agencies. Code City Status also gives the Mayor veto power that
may be overridden by a majority vote of the Town Council plus
one (four votes). Vote yes for Code City.

Rebuttal
of Statement Against:Don’t
be fooled by misleading statements! The Rainier Council held
public hearings on this issue in January. It was discussed at
several council meetings and they had written material for study.
The town’s attorney gave the council an extensive briefing on
Code City options and provided them additional material. Rainier
voters rejected a Manager-Council form of government last year
by 77%, why are they raising that issue again. This is a
vote of the people!

Statement
Against:Historically
the Town of Rainier has chosen to have the majority of the council
members speak for the town, thus eliminating the possibility
of any one person to overriding the majority vote of those speaking
for Rainier citizens.

Code
cities have many benefits. There are also many different forms
of code cities. It was a two-to-two vote when this issue came
up. The tie was broken by the mayor, resulting in the form of
code city you are asked to vote on. This particular form of
code city gives veto power to the mayor, whomever that may be.

There
was never any discussion at council meetings concerning the
four options available, nor information regarding the pros and
cons of these options submitted to the people of Rainier. For
instance, we could (1) remain a township; (2) change to a code
city under current town structure; (3) change to a Manager =
council form of government; (4) change to the form of code city
as described in this pamphlet. Changing the form of local government
is clearly a matter of such major importance that it should
go to a vote of the people.

By
voting NO to this referendum, a message will be sent to our
council that you would rather have a ballot offering all four
options, thus allowing the residents to choose the form of local
government they want.

Rebuttal
of Statement For:Two
years ago you were told Rainier couldn’t afford an administrator/manager.
Today you’re asked to support an agency/department under this
code city plan. Saving administrative pennies to pay out big
dollars for additional staff isn’t efficiency. Rainier couldn’t
afford the administrator/manager before I-695, so how can it
afford an agency/department now with a smaller budget? The only
answer is HIGHER TAXES. Is that what you want? Send your town
council the message. VOTE NO!

Explanatory StatementOur
courts hold that towns may exercise only those powers that are
granted by the legislature expressly or by necessary implication.
In addition, their statutory powers are strictly construed,
and doubts are resolved against the existence of a power.

To
overcome those restrictions the state legislature, in 1967,
adopted the Optional Municipal Code, Title 35A RCW, conferring
broad powers of self government upon all cities and towns choosing
to be “code” cities. Pursuant to RCW 35A.11.020, the legislative
body of any code city is given “all powers possible for a city
or town to have under the Constitution of this state, and not
specifically denied to code cities by law.” Other sections restate
the same broad principle in various ways, provide for liberal
construction of a code city’s statutory powers, and expressly
prohibit the application of strict construction rules to those
powers.

If
Resolution No. 418 is approved the Rainier Town Council must
enact an ordinance adopting for the Town of Rainier the classification
of noncharter code city as provided in the Optional Municipal
Code. The resolution further provides for the newly classified
code city to retain the mayor-council plan of government, as
provided for under Chapter 35A.12 of the Code. Under that chapter
the council exercises all legislative authority. Existing ordinances,
resolutions and rules are not affected unless they conflict
with the Code. The only necessary appointive offices are clerk-treasurer
and chief law enforcement officer. The council may create other
appointive offices and employments and provide for their duties
and compensation. The mayor, as chief executive and administrative
officer, has the power of appointment and removal, subject to
applicable civil service rules. The council also may authorize
the mayor to appoint a chief administrative officer or assistant.
All appointments must be made on the basis of ability and training
or experience from among qualified applicants. The council may,
by ordinance, provide for council confirmation of appointees
unless their qualifications are established by statute or ordinance.
The mayor may vote to break a tie with respect to matters other
than the passage of any ordinance, grant, or revocation of a
franchise or license, or any resolution for the payment of money.
The mayor may veto an ordinance, subject to be overridden by
a majority of all council members plus one. Other powers and
duties of the council and mayor are set forth in the Code, and
are substantially the same as they have been under town law.